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Degree Level Contract Law Essays

Question: CONTRACT 1 ASSIGNMENT 1 TASK 1 Mrs. Turner has decided to start her own business running a private day nursery. It is necessary for her to find appropriate premises. She sees a detached house, which would be appropriate, on the market for £200.000. After having viewed the property she decides to make a bid for the property for £150.000. The sellers state clearly however that they will only accept £180.000. Mrs. Turner then sees another property on the market for £250.000. She offers the asking price for this and it is accepted \'subject to contract.\' However, a week later the sellers of the first property contact Mrs. Turner again stating that they have reconsidered and are now happy to accept her bid for £150.000. Your supervisor has requested that you research the relevant issues and compile a report for her attention which, outlines your findings. TASK 2 Mrs. Turner has now purchased a suitable property and is now purchasing the necessary items required to run her nursery. She looks on a web-site and sees cots and highchairs advertised for sale by a company named Babies R Us. A discount was available when items were bought on bulk. Mrs. Turner e-mailed Babies R Us, on the 1st October 2003, requesting twenty cots and twenty highchairs, requesting a reply by the 21st November 2003. She received a reply by post, confirming the order, on the 1st December 2003. This was postmarked 20th November. However, on the 30th November, Mrs. Turner had assumed that Babies R Us were unlikely to reply and therefore, entered into a contract with a rival company. Mrs. Turner has made an appointment to see you to gain advice relating to the above problem. Equally, she would appreciate some advice relating to the formation of contracts by e-mail. TASK 3 Mrs. Turner\'s nursery has now opened and has recruited well. She is concerned as to the different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this. Explain the different types of liabilities and along with examples.

Answer: To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to her and whether or not she accepted it. A contract is an agreement that is legally enforceable at law, whoever breaches the contract can be sued or monetary compensation or be force to carry out the contract. For contract to be binding th......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONSUMER LAW ASSIGNMENT 1 TASK ONE Nazia is a student at Bradford College. Recently she bought an alarm clock from Price Right Stores. It cost twenty pounds but was not supplied with batteries. She uses it for several months without any problems. Nazia booked a holiday to Turkey and set the alarm to go off at 5 a.m. on the day of departure. The alarm doesn\'t work and she oversleeps by several hours. She ends up missing the flight and having to pay for another flight in order to reach her destination. She also bought a beaded evening bag from Price Right Stores for use at the Bradford College Ball. She is embarrassed when some of the beads fall off during the evening and the handle breaks. Write a letter to Nazia advising her of her rights and remedies in respect of Price Right Stores. Task Two Agatha Jones has been renovating her house in the hope of selling it in the near future. a) Aware of the high price of window installation she asks Jerry to fit the front of her house with new double glazed windows. Jerry is a teacher but does renovation and building work in his spare time.The work takes longer than she expected causing a lot of disruption and she is not happy with the price that she has been charged. After a few months she notices that some of the new PVC window frames has become yellowed and that the windows are prone to condensation. b) She is employing a firm called Do-it-all Decorators to decorate various rooms in her house. After three weeks she is concerned by the rate of progress made by the firm and the fact that one of the decorators has split paint on the living room carpet and scratched the surface of an antique Victorian dresser. She is not happy with the firm and wants to know what her legal position is. Task Two Write a letter to Agatha Jones advising her of her rights and remedies in respect of Do-it-All Decorators.

Answer: I am writing to you in regards to your inquiries regarding the alarm clock and the beaded bag from price right stores. From the information provided it is clear that you entered into a contract of sale of goods and this type of contract is defined under Section 2(1) in the Sales of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 this is a contract whereby the seller transfers......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDIES File 1 Khalil has decided to purchase a brand new car for, .Sobia, on the basis that she spends five hours studying a day on her A\'level examinations Khalil has entered into a contract the garage so that he can collect the car the day before Sobia\'s birthday. He arranged for the car to be registered in Sobia\'s namg and the free insurance which was offered with the car has also been registered for the benefit of Sobia. The car was not ready to collect on the agreed dafe. Khalil has gone on holiday and Sobia, who has still not received the car, is attempting to enforce the contract on her own behalf. Can she do this? Prepare a report for the attention of the senior legal adviser stating the results of your research and the advice that you intend to give. The report should focus particularly on consideration, privity (including the effect of recent legislation) and intention. File 2 Gemma is 16, and is an ice skater and has signed an employment contract with a company that organizes dance shows and performances on ice. This will involve her travelling to various parts of the world on tour. She will be paid a reasonable amount and the contract stated that she will be supervised at all times by a supervisor and not allowed to socialise outside the dance group. Gemma\'s mother, Margaret, has called in for advice. She wants to know whether this contract is enforceable. Also, Margaret\'s husband Matthew, is recovering from a nervous breakdown. Is he free to enter into any contract without any restrictions?

Answer: Terms of reference: Below I have compiled a report stating the results and advice that I intend to give to Sobia on her current circumstance. Particularly focusing on consideration, privity and intention. Findings: For contract to be binding there must be four elements theses are offer, acceptance, consideration and intention to create a legal relationship. If any of the above is missing, then......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDY 2 ASSIGNMENT 1 Task one A band called \'The Illusionists\' are performing their first UK tour. They have decided to use Rochford Concert Hall (RCH), a newly constructed venue for their first night. Tabby, the main singer was informed by the manager that the hall would hold 2500 people and that the acoustics were suitable for their performance and that they should have no problems. However the managers didn\'t mention the fact that due to licensing matters, the concert had to come to an end by 11.00 p.m. The members of the band signed the contract of hire for the venue, and began to sell the tickets. They were pleased to hear that all 2500 tickets were sold very quickly. However, on the night of the concert, only 1800 were admitted onto the premises on the instructions of the local police due to health and safety reasons. The police also informed the band that even though the tickets displayed the finishing time of the concert as 1 .a.m, the licence of the venue only entitled them to be open until 11.00 p.m. This setback resulted in 700 people demanding their money back due to not being allowed entry on the night and a large percentage asking for some reimbursement as the concert finished earlier than had been advertised on the tickets. Tabby and the other members of the band are seeking advice from the firm. You have been instructed to write a letter to \'The Illusionists\' on the following issues. a) Whether there was a duty to disclose information related to the licence of the premises? b) Did the manager\'s comments amount to misrepresentation? c) Are there any remedies available to the band? Task two Ahmed owns a gallery. He felt that the gallery needed a makeover and decided to refurbish. In order to do this he went to see Catherine, a local antiques dealer. He shared his ideas for the gallery with Catherine and informed her that if possible he was looking for some eighteenth century chairs by the \'Goya Brothers\'. Catherine showed him a variety of furniture and he saw some chairs which looked identical to those he was after. He told Catherine that he believed these were the chairs and would like to buy them. Catherine didn\'t say anything but was aware that they were not genuine. However she sold them to him nonetheless. Due to the refurbishment, Ahmed has just had the contents of the gallery re-valued for insurance purposes, but discovers that the chairs are very good copies and is advised to insure them for £50 each rather than the £2000 each he believed them to be worth. He is disappointed and has asked the firm for some advice. He is hoping to return the chairs and have his money refunded. The senior partner has asked you to write a report on the following issues. a) Whether there is an operative mistake? b) Would it have made any difference if Catherine was unaware of his mistake and also believed that they were the original chairs? What effect, if any would Ahmed\'s mistake have on the contract?

Answer: TASK 1 Regarding: Mistake Introduction: Below I will advise Ahmed in order to assist him on his current circumstances. Findings: Vitiating factors Even where a contract meets the four requirements it may not be binding if at the time the contract was made their where certain factors were present which means there was no genuine consent. They are known as vitiating factors. If there is a vi......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDY 2, ASSIGNMENT 2, TASK ONE Barry is a retired lorry driver who has just set up his own distribution service called \'Deliveries R Us\'. Pencilbox PLC, his first customers, want to use Barry\'s service to deliver stationery to some of their retail outlets. They reached an agreement and a contract was signed whereby Barry would deliver \'a minimum of 3000 boxes of stationery for Pencilbox over the next 12 months. \' The contract was to commence on the 1st April. No maximum figure was specified in the contracts and a delivery charge of £1.00 per box was laid down by Barry. Barry expected to deliver a higher amount than the minimum specified and so decided to take out a bank loan in order to upgrade his existing fleet of lorries. However six months later, Pencilbox pic wanted to renegotiate the delivery charge threatening immediate withdrawal unless the charge was reduced to 50p per box. They also told him that they wanted him to enter a three year contract with \'Gadgets Ltd\' a subsidiary of Pencilbox pic or they would terminate their business arrangement with his distribution service. Barry has found that his distribution service hasn\'t been as busy as he believed it would be and so agreed to the new arrangements as he didn\'t want to lose their custom even though he was aware he would be making a loss on the contract with Gadgets Ltd. Barry has asked for your advice. You are a junior partner of Patel and Brown Solicitors and have been asked by your senior to write a report on whether he can claim the lost monies for every delivery he made on the grounds that the modification made to the contract was due to improper pressure. TASK TWO You have been asked to write a letter to the following client, Julia. Julia, a partially sighted invalid, jointly owns a home with her husband Charles. The family home has been mortgaged to Braddale Building Society. Over the last year, Charles has been experiencing great losses in his business and has failed to meet a number of mortgage repayments. Due to this the building society has started proceedings against the couple. As they don\'t want to lose possession of the house, Charles and Julia have approached their bank, Rochford Bank Pic and hope to refinance the mortgage. The loans manager, Mr Credit, arrived at their home with important documents and papers regarding the loan. Julia was not happy with this and told Mr. Credit that her husband\'s business wasn\'t doing well and that she strongly believed it would carry on making a loss and in view of this she was not going to sign any documentation that covered Charles\' business liability. Mr. Credit assured her that the papers didn\'t cover any business liability and that if she didn\'t sign there would be danger that she would lose her home. He was so persistent that she signed. Julia hesitantly asked for the documents to be fully explained to her again as she was unable to read the documentation because of her disability. Having heard the explanation she reluctantly signed the papers. Julia has now discovered that the documents not only cover a mortgage relating to the house but also cover Charles\' business debts . Julia is very worried as the bank is insisting on enforcing the agreement. Your letter of advice should cover the following. 1. Discuss grounds on which Julia might avoid the contract and whether any remedies are available. 2. Would the situation be different had Julia taken independent advice and then entered the agreement. TASK THREE Catherine is employed as an accountant at \'Cash and Co.\' and based in a firm in Bradford. She has worked there as an employee for 6 years and her original contract of employment prevents her from working as an accountant within 60 miles of Bradford if and when she left the firm. After a successful interview, she has received a lucrative offer from a firm of accountants in Leeds where she would be employed in a higher position. She resigns and commences her new employment. \'Cash and Co.\' have sent her a letter stating that are going to take matters further as she has breached her contract of employment. You have been asked to write a memorandum to Catherine to outline her position regards her previous employment contract.

Answer: TASK 1 Regarding: Duress Introduction: Below I have written a report concerning Barry on his current circumstances. Findings: Duress For a contract to be binding the parties must voluntarily consent to it. Therefore if one party is forced to make the contract by violence or the threat of violence then this is common law duress and renders the contract voidable. Traditionally the common la......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: EMPLOYMENT LAW ASSIGNMENT 1 SITUATION You work as a legal adviser at the practice of Chancer and Dodge. There are currently a number of files on your desk which require your urgent attention. File 1 Recently, a member of the public, Valerie Reid, sustained personal injuries Whilst attending Nabbey bank to conduct some business. Whilst on the premises, she tripped over some cable attached to the computers used by the cashiers. At the time, Jamie Conway was working on the premises updating the hardware for those computers, hence the reason for the loose cables. Jamie has worked at various branches of Nabbey for the past two years. He has paid his own tax and national insurance contributions, and has not taken any holidays whilst working for the bank. In your capacity as legal advisor for the bank, write a report covering the following points: 1. An assessment of the employment status of Jamie 2. As to whether the bank bears any liability for the injuries sustained by Valerie Reid FILE 2 You have been invited to be a guest speaker at nearby Bakefield College. You will be talking to a group of business students who no prior legal knowledge on various aspects of contracts of employment. The detail of your brief is as follows : Prepare brief notes for a presentation covering the following : i) Summarise the basic principles of law covering the creation of a contract of employment ii) In relation to obligations affecting employers , identify a) Those terms which are generally held to be implied Into a contract of employment b) The various ways in which both express and implied Terms can be incorporated into a contract of employment File 3 Up until 4 months ago, Jason King was on the books of the \"Mpower\" Employment agency. Jason worked for this agency over a number of years, carrying out many assignments for different organisations. Unfortunately, the agency became insolvent, and Jason had to leave, whilst still being owed money for his last assignment. Three months ago, Jason started another job, working for Bovan Furniture manufacturers. However, it was only last week that he received a document Titled \"Particulars of Your Employment\". Jason noticed that this statement contained no details of place of work, notice periods, or holidays Jason now seeks your advice on a number of points : i) Was he ever actually an employee at the Mpower agency ? If so, he would be able to claim redundancy pay. ii) Has he actually received a contract of employment from Bovan ? iii) what legal remedy does he have in relation to the missing items on the document which he has received ?

Answer: FILE 1 Introduction: Below I have compiled a report covering the employment status of Jamie and whether the bank bears any liability for the injuries sustained by Valerie Reid. Findings: The relationship of a worker and their employer is controlled by the terms of their contract. The employment relationship will come into existence when one person (employer) employs another person (worker) ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: McKendrick comments that, despite the enactment of the Minors\' Contracts Act 1987, \'the rules of law remain in need of further rationalisation in an effort to provide a better balance between, on the one hand, the protection of minors and, on the other hand, the interests of those who deal in all good faith with them\' (Contract Law.) Do you agree?

Answer: English law adopts a protective approach to the question of minors\' contracts (a ‘minor\' being any person under the age of 18). Those under the age of 18 are thought to need protection from exploitation from unprincipled traders, so the presumption is that all contracts made by minors are unenforceable against them. There are, however, a number of exceptions to this general rule. Some of th......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: From Beswick v. Beswick [1968] AC 58 to White v. Jones [1995] 1 All ER 691 the judges have valiantly tried to avoid the doctrine of privity where justice has demanded that a remedy be granted. The Contracts (Rights of Third Parties) legislation is long overdue. 66% Discuss.

Answer: For many years, both lawyers and academics have regularly attacked the application of the rule of privity in English contract law. Nevertheless, although recommendations to change the law were made before the Second World War, until now little was done and it is submitted that actually, there are not many situations where the rule has caused true injustice. Primarily, this is because there are a......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How does a unilateral contract differ from a bilateral contract? Explain, with reference to relevant case law, why the distinction is important, and any particular problems which have arisen in connection with unilateral contracts.

Answer: The standard contract in English law involves the mutual exchange of promises. A says to B, ‘I offer to sell you these goods £100.’ B replies \'I accept\'. Here both parties have made a contract which is construed as A promising to transfer the ownership of the goods in exchange for B’s promise to pay £100. The unilateral contract, on the other hand, is sometimes referred to as an ‘if\' ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract. 71%

Answer: In its most basic form Consideration is, as defined by Lord Dunedin in Dunlop Pneumatic Tyre Co., Ltd. v. Selfridge & Co., Ltd.: \" An act or forbearance of the one party, or the promise thereof, (as) the price for which the promise of the other is bought, and the promise thus given for value is enforceable...” and is regarded as a single test of intention of the parties to be bound by the cont......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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